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Home My WebLink AboutCT 84-23; Brehm Communities; 86-225180; Increased Fee Agreement/Release.+- i , ., . : 1 1 SOL 968 , . . . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD ye& 5'~;: -5 t,y It: 27 1200 Elm Avenue VERA L.LYLE Carlsbad, Cali-fornia 92008 ) L COUNTY RECOROER J Space above this line for Recorder's use -0 . . Signature of declarant determining tax-firm name City of Carlsbad Parcel No. A23 - d!/- /4 AGREEMENT AGREEMENT TG PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM This Agreement is made and entered into this 15th day of Mav, 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and BREHM COMMUNITIES a hereinafter referred to as "Developer". RECITALS A. Developer has requested that‘the City issue building . permits pursuant to the provisions of the Carlsbad Municipal Code for a development located in the City of Carlsbad, at Corintia Street & Melrose Avenue . and refer'red to as Brookfield . B. On April 15, 1986 Developer entered into an aqreement with the City to pay Public Facilities fees. A copy of the agreement is on file with the City Clerk and is incorporated by this reference. .’ . . - o/--+69 . * - C. On January 21, 1986, the City Council of the City adopted Ordinance No. 9791 which is on file with the City Clerk and is incorporated by this reference. D. .Section 2 of Ordinance 9791 prohibits the submission, processing or approval of any application for any entitlement for development, whether discretionary or ministerial pursuant to Title 11, Chapter 11.06; Title 18, Chapter 18.04 of the Carlsbad Municipal Code subject to certain exceptions as set forth in the ordinance. This project qualifies for an exemption from Ordinance No. 9791 pursuant to the provisions of Section 2, Subsection v, . Section 3 of Ordinance No. 9791 provides that as a condition of approval of any building permit issued pursuant to Section 2 of that ordinance, the building permit applicant shall agree to pay any increased Public Facilities fee or additional tax on new construction, or development fees established pursuant to the development management system, adopted by the City Council prior to July 20, 1986. E. Developer recognizes that Ordinance No. 9791 is intended to be effective only until July 20, 1986, at which point Developer would be able to obtain building permits subject to the law in effect on the date those permits are issued. Developer further recognizes that in choosing to proceed to obtain building permits prior to the expiration of Ordinance No. 9791, Developer is waiving and hereby waives any right to challenge the increased , fees or taxes or any development fees which Developer agrees to pay pursuant to this agreement. Developer acknowledges that the -2- /Ail- 970 . . -- ' Agreement to pay the additional or increased fees and taxes is voluntary and Developer hereby waives any rights to challenge such fees or taxes. NOW, THEREFORE, in consideration of these Recitals and the issuance of building permits by the City: Developer and City agree as follows: 1. That the foregoing recitals are true and correct 2. That Developer agrees to pay any increased Public Facilities fee or additional license tax on new construction established by the City Council prior to July 20, 1986. Developer further agrees to pay any development fees adopted or increased by the City pursuant to the development management system which is being prepared by the City under the provisions of Ordinance No. 9791. Developer further waives his right to' challenge said fees or taxes. 3. City agrees to issue building and other ministerial development permits pursuant to the provisions of the Carlsbad Municipal Code Chapter 11, Section 11.06; and Title 18, Chapter 18.04, to the extent such permits comply with applicable provisions of law. . 4. Developer agrees to pay the fees and taxes referred to in this agreement within 30 days of a written demand by City. In the event that the obligation imposed by this agreement is not paid within 30 days from the date of written demand by City to Developer, the City may pursue any remedy, legal or equitable l (including those specifically referred to herein), against the property owner, and the property owner's successors, heirs, assigns and transferees. -3- -- . --4 .o . 971 5. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the fees specified. by this agreement within 30 days after written demand of the City, City may revoke the building permit for the project or may deny or revoke a Certificate of Occupancy for the project or both upon 15 days written notice to Developer of the revocation or denial. 6. The City shall not, nor shall any officer, employee of the City, be liable or responsible for any loss or damage happening or occuring to Developer or any successor or assign of Developer or to any occupant in Developer's building for the exercise of any of the remedies provided to the City purusant to this agreement, regardless of the nature of the loss or damaqe. 7. This aqreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall run with the real property and create an equitable servitude upon the real property. 8. The prevailing party in any dispute between the parties shall have the right to recover from the nonprevailing party all costs and attorney's fees expended in the course of such dispute. 9. Except as otherwise provided herein, all notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by certified mail postage prepaid. Delivery of notices to Developer shall be presumed to have been made on the date of mailing regardless of , -40 . . ., - - ‘. r * *. * 0 - 972 receipt by Developer. Notices required to be given to Developer shall be addressed as follows: BREHM COMMUNITIES 2835 Camino de1 Rio So, Suite 220 San Diego, CA 92108 Notices required to be given to the City shall be addressed as follows: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Building Official 11. This agreement shall be recorded and Developer shall pay all costs of recording. IN WITNESS'WHEREOF, we have hereunto set our hands and seals this15th day of May , 1986. DEVELOPER (Notarial acknowledgement of execution by DEVELOPER must be attached.) By: Forrest W. Brehm By: CITY OF CARLSBAD A Municipal Corporation of the State of California ctor ATTEST: (SEAL) STATE OF CALIFORNIA said State, persona , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as A . President and L I ( ~~r?l*~?&fE Secretary, on behalf of=&&- s the corporation therein named, and acknowledged to me that ument pursuant to its by-laws or a res (This area for official notarial seal)